IMAGE EVALUATION TEST TARGET (MT-3) // ^/ # A-riale de filmage aont indiqute ci-deaaoua. D D D D D Coloured pagea/ Pagea de couleur Pagea damaged/ Pagea andommagtea Pagea restored and/or laminated/ Pagea reatauriea at/ou peilicuites Pagea diacoiourad, stained or foxed/ Pagea dAcoioriaa, tachettea ou piqutea Pagea detached/ Pagea dAtachtea rri Showthrough/ Tranaparence 0Qualir/ of print variee/ Quality InAgaie de I'impression I I Includes supplementary material/ Comprend du matirlel aupplAmantaire Only edition available/ Seule MMon diaponible Pagea wholly or partially obacured by errata alipa, tisauea, etc., have been ref limed to enaure tha beat poaaible image/ Lea pagea totalement ou partiellement obacurciaa par un feuillet d'errata. une pelure, etc., ont Ati filmtea i nouveau da fapon A obtenir la meilleure image poaaible. TN tol Th< poi oft flin Ori be( tha sio oth fira sioi or I Th< shi TIA wh Ma dif enl be^ rig req Tide page mining. This item is filmed at the reduction ratio checked below/ Ce document eat film* au taux de rMuctton indiqu* ci-deaaoua. 10X 14X 18X 22X 28X 30X TTTTR 12X 16X 20X 24X 28X 32X Th« oopy fllniMi h«r« has b««n r«produc«d thanks to tha sanaroaity of: Library of tha Public Archivas of Canada L'axamplaira film* f ut raproduit grica A la ginArositA da: La bibiiothAqua das Archivas publiquas du Canada Tha imagaa appaaring hara ara tha baat quality possibia conaidaring tha condition and lagibility of tha original copy and in Icaaping with tha filming contract spacificationa. Original copia\. in printad papar covars ara filmad baglnning with tha front covar and anding on tha last paga with a printad or illuatratad impraa- sion, or tha bacic covar whan approprlata. All othar original copiaa ara filmad baglnning on tha first paga with a printad or illuatratad impraa- sion, and anding on tha laat paga with a printad or illuatratad impraaaion. Las Imagaa suivantas ont 4t6 raproduitas avac la plua grand soin, compta tanu da la condition at da la nattatA da I'axamplaira film*, at an conformity avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couverture an papiar aat ImprimAa sont fiimAs an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'impraasion ou d'illustration, soit par la sacond plat, salon la caa. Tous las autras axamplairas originaux aont filmte an commandant par la pramiira paga qui comporta una amprainta d'Impraaalon ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Tha last racordad frama on aach microficha ahall contain tha aymbol •— ^> (moaning "CON- TINUED"), or tha aymbol V (moaning "END"), whichavar appliaa. Un das symbolaa suivanta apparaftra sur la darnlAra imaga da chaqua microficha, salon la caa: la aymbola — ► signifia "A SUIVRE". la symbols ▼ signifia "FIN". Mapa, platas, charta, ate. may ba filmad at diffarant raductlon ratios. Thoaa too larga to ba antlraly includad in ona axpoaura ara filmad baglnning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas aa raquirad. Tha following diagrams iilustrata tha mathod: Las cartas, planchar, tablaaux. ate. pauvant Atra filmte A das taux da reduction diff6rants. Lorsqua la documant ast trop grand pour Atra raproduit an un saul clich*. il ast f ilm6 A partir da I'angla supAriaur gaucha. da gaucha k droita, at da haut an baa, an pranant la nombra d'imagaa nteassaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 1 2 3 4 5 6 i^^ A FULL AND ACCURATE REPORT OF THE CELEBRATED SLANDER CASE OF FERGUSON vs. GILMOUR. ^\lTEAi ^^*:^ **». I for th6 Morning Chronide. iSfTHK SUPERIOR COURT, QUEBEC. t^ Wedmksoay, 90th November, 1853. ilStfora the Hon. Mr. Justice Caron, and a Special Jury.) |to. 1554. Caholine J. Fkrquson, Plaintiff, vs John Gilmour, Defendant. IkCTlON OF DAMAGES FOR SLANDER. ' Iniii was an action brought to recover (Itmages for certain slanderous words al- lied to have been spoken by the defend - iQt Qonoerning the plaintiff. The darndgea Vire laid at £10,000. Messrs. riolt& Itvine appeared as eoun- ial^r the plaintiff, and Mr. G. Ok ill Stuart for ifie defendant. ^^a Hat of Special Jurors (speaking the ' sh language) having been called over, llowing gentlemen answered to their and, having been sworn, composed >ry :— Hall, Henrt Benjamin, Fry, S. Levy, iDoRAN, Henry Knight, 'O'Brien, M. G. Mountain, , _ ,. Shaw, G. G. Ardouin, w CoDYiLLE, Wm. Ramsay. Mr. Holt opened tbd oase on the part of !)»• Pluntiff,, t He stated that the Plaintiff, Miss Fergu- son was he believed a lady almost wholly un- known to the ju ry, inasmuch as she had been for several years absent from Qi^ebco ; the Defendant was well known throughout the Province as a member of une of the largest commercial houses in this city and as a man ui great wealth and influence. The offence with which Mr. Gilmour now Flood charged before them was one of the mean- est social vice^, ai:d it was so diilicult to believe that a man in his position should use language of the character of that imputed to him, that he (Mr. H.) did not conceive himself justified, at that stage of the pro- ceedings, in stating to the Jury with any degree of positiveness the nature of his in- structions or the guilt of Mr. G. He (Mr. H.) would merely observe to them that if it were true that the Defendant had in fact permitted himself to asperse the character of the Plaintiff, it would be his duty to point out to them in the strongest way, the serious effect which slander uttered by Mr. G. was likely to produce upon the name and re- putation of the lady. With reference to the nature of the cha<-ge brought against Mr. G. he infoimed -them that the Plaintiff al- leged that about the Ist May, 1852, at Quebec, Mr. Gilmour, had said, in the pre- sence of third parties, that " she was a « vr , and that she had been kept by a " gentleman in Montreal ;" that in conse- quence of this statement by Mr. Gil- mour, one Mr. James Patton to whom she was engaged, refused to marry her, and that she was otherwise greatly ibjiired in her reputation. Being unwilling to detain ( u 2 ihem uniiucoasariiy, ho bogged to rofer them to an authority of much weight in ques- tions of this kiiul, for tho purpose of shewing how insidiouM and dangerous were state- ments afii'ctiiin; the character and reputation of an individual. He alluded to the treatise of Mr. Dareau, an eminent French writer, and would endeavour to translate a few pas- sages ; " Defamation," " says an author " whom his talents and his misfortunes " have rendered iliuslrious," is to the moral ♦* being what poisoning is to tlip physical. " It is a kind of attack against which it is " almost impossibia to defend one's self. It *' is a thousand times more easy to give " credit to a report which destroys the "honor of a citizen tiian to introduce in- " to liis body a deadly drug ; the penalty " should therefore bo in proportion to the •'• dilFiculty of dufunce. Wo hardly know *' any aniiJoto against calumny, while we *• pre not without renio^iitjs against poison. '* Besides, tho fatal draught is generally " administered by a hand that remcvdu or ** the fear of punishment may stay, but *♦ with what boldness does not tho defamer *' bear himself, when the slander appears 'Mo him but a social jet>t, or when he can ** range upon iiis side the wits, the pretty * *' women, and the men who pass for very *• pleasant fellows, whose refuge from ** enmd is the dissection of those unfortu- *• nates, who often commit no other wrong " than that of being absent ! AH that then ** passes uncontradicted, remains incon- ** testable. Soon, the most revolting fabri- *' cation acquires, without further examma- " tion, the force of truth ; one only remem- " bers that one has heard the thing as true, *' and it is repeated to hearers possessed of a " credulity facile otiough ; soon arises the " universal cry which pronounces tho con- ** damnation of tho unhappy person, who " was little, if at all knowri ; and things ** coma to that pass that virtue feels herself •' compelled to acknowledge the truth of ** tha report. The pretenders to virtue pro- " scriba the unfortunate individual, that ** they may not be supposed to resemble •• him, and those who practise it, consign ** him to ignominy, to purge society of a *' member whom they believe capable of *' bringing dishonor upon it." Mr. Dar- eau then exclaims : " What must it not " cost the unhappy man, under such cir- " oumstancee, to render his innocence as " widely known as the defamation ! One " day of calumny requires whole years to " eflaca it ; its wounds, if they are not al- " together incurable, 'leave scars which " sometimes pass from one generation to " unother." The truth of these words was but too often oonlirmed by the every day experience of all of them ; they were all but i too ready to believe ill that was spoken oT a neighbour ; the scandal that enters by the. ear might nut wholly rentain in the memory and may be even discredited, but some- thing ot it always remamed, to the prejudice of the parly of whom it had been uttered. Tlie situation of the plaintiff, at that mo^ ment, wa» most painful and embarrassing;. She had come before them with the utmost reluctance, but with tho conviction that she wasplacmg her fate upon the issue of this trial. She was aware of tha peril which she ran in encountering a man of so much power as the defendant, but was driven to it by the conitciousness that her reputation was wholly lost unless she un- hesitatingly aflbrded the man who had slandered her an opportunity of making good his charges before a Court of Justice. She had no fears for the result, she demanded the fullest enquiry, and would be satisfied with their veidict whatever it should be. Mr. H. stated that the position of the piaio- tifi was most painful in this respect, that one of the grounds of the action against Mr. Uilmour was that by reason of the speaking of the slanderous words.she had lost her mar- riage with Mr. James Patton ; now she was compelled to call Mr. James Patton and his father, Mr. Duncan Patton, as witnebses^ she feared nothing that they could truly say against her, but there were two law>8uits pending in which she was plaintiff and Mr. James Patton, defendant. Certainly strong feelings bad been excited by these suits and there was a great deal of animosity towards the plaintifTexhibited by both father and son, but he trusted that upon this trial they would forget those differences, and not leaning either to Miss Ferguson on the one side or to Mr. Gilmour on the other, come forward like honorable men, say frankly'' what they knew to be the truth, and afford the plaintiff' a fajr opportunity of clearing her character from the aspersions which had be6n cast upon it. If they, the Jury, should be satisfied that Mr. Gilmour had really used concerning this lady the expressions attributed to him, that he had spoken them maliciously, that is, without any reasonable and legal excuse, they would feel them- selves called upon to condemn most ^m* phatically such conduct on the part of a mat ' occupying such a position as Mr. Gilmunr^ and, by the extent of the amount awarded ai damages, make it known that no wealth, or rank, or influence, could shield the slander- er, when brought before a Jury who would mete out justice with an even band. Mr. George Railton was then called as a witness on behalf of the plaintiff. Mr. Stuart. — The defendant now in Court, has been served with a rule to answer in- terrogatories. He is a gentleoiftn bayiog w n ler, oomo targe buf iiietR to attend to, and I doeiro, lltKrdfore, to know if it is the intention of the learne.i Counsel to exannine liim, und if 60, I pray the Court that Mr. Gilmour be eXHmineJ at onoe. Mr. Holt did not admit the right of liie learned Cuunite! to lay out a course by whioh he (Mr. H.) should conduct his case. He might, or he might not, examine Mr. Gil- mour ; at any rate, it did not suit his con- venience to begin with that gentleman, uml ha expected that he (Mr. G.) would bo at band when called. Caron J. — The defendant should be called now and his appearance recorded, but as he is nothing more than one of the plaintiff's witnesses, and may be examined or not according to the pleasure of her Coun- sel, I cannot direct that he should be ailuw- ed to answer now. Georgk Railton, of Quebec, Manager of the Quebec Water Works, was called and sworn Examined by Mr. Holt. — I know the de- fendant in this case. I do not know the Plaintiff. I oonsidei the Defendant, Mr. Gilmoui, as one of the loading merchants in Canada, and believe bis means to be very large. I have been in the employ- lent of Messrs. Allan Gilmour & Co., of which firm he is a partner. The defendant made allusion to the plaintifTin a oonversa* lion which he had wiih me sometime be- tween Christmas and February last. 1 can- not speak positively as to the day. [The Counsel for the defendant here ob- jected to the admission of evidence respect- ing any conversation which did not take place on the day laid in the declaration, namely, Ist May, 185^, His objection was overruled by the Judge, on the ground that supposing the words charged to have been used, the particular day on which they were uttered was not material ] Examination Continued. — •! cannot obarga my menAory with the exact woids which Mr. Gilmour used on this occasion, bat I can state the impression which the oonversation made on my mind. To the bast of my recolleotion the conversation arosa in this way :— James Fatten, of Point Levy, who was at that time a clerk in the imployment of Messrs. Gilmour & Co., was absent from his duties in the ofiioe, and Mr Gilmour was anxious that he should be found, the name of Miss Ferguson, the pre- ■ent plaintiff, having been then mentioned in ooaneotion with that of James Patton, Mr Gilmour said that it was an unfortunate af- fair. I said, " If ha likes the girl he had better marry her." The defendant then answered that she was a loose oharaoter, and said that she had been kept by a person ia Montreal, and that it would never do for Patton to marry her. T» tlifi best of my re- oolloution the word whore wuh usod by hini in raferunce to the plaiutiff; the decid- ed impression left on my mind by the coin veraatioii was that the plainliU' was a com- mon wliore. I understood tills to be u pri- vate conversation, and (lid nut repeat it un- til this action was made thu subject of con- veriiatioii in Mr. llumiiton'ei b!iop in the Lower Town, somoliino after tiie suit was brought, when, having henrd statements made respecting the plaintilF as comin;; from Mr. Gilmour, I coulinned tliem as be- ing the satntj UBud by him to inu on itio oc- casion already ruforrod to. Witness being .inked what tlio words used in Mr. Hamilton's sliop wuru, tiia de- fendant's Counsel objocle.l on the :jround that 110 conversation at which Mr. Gilmour was not p osent could bo made uvidenoe against him. The Judge allowed tho evidence to be taken as going to show what the words were which were then confirmed in liie re- collection of the witness as being those used by the defondan! to himsolf. Examination Continued. — I on this oc- casion heard the words mentioned which Mr. Gilmour is ci)arged by the plaintiff ia this cause with having used, and I recog- nise them ab being the same as thoso which he had used in the conversation with mo to which I have sworn. I am sure that the younger Hamilton was present on this occa- sion, I do not know if the elder was or not. I never heard anything against the charac- ter of the plaintitf until this conversation with the defendant. Cross-Exdinincd. — I have been in the em- ploy of the firm of Allan Gilmour & Co., of which the defendant is a member. I en- tered into their employ several years pre- vious to the institution of this action. I was 'heir confidential clerk and book-keep- er. I think that Mr. James Patton, to whom I have referred, was in their employment also at th-) time of the conversation in ques- tton, he was either employed by them or by his father, who was connected in business with them. James Patton was the cause of the conversation, and it referred to him. The defendant and myself then referred to James Patten's conduct generally, and par- ticularly to his absence from the office, he had at that time been absent for several days, but I cannot say exactly how long. It was said at the time that Patton was with the plaintiff, and the defendant and myself both supposed it to be so. The conversa- tion took place in Mr. Gilmour's ofBce, I think that we were alone, but some of the yonng gentlemen of the ollice may have been present. I don't remember repeating this conversation to any one. 1 had a C5n- r versation with Mr. Irvino, one of ilio plain- tiJI'd Allornoya, a day or iwo ajjn, on tlio subject of itiiaonHe, it was after i IkuI beoii siimtnonoil as a witness for this trial— I hail oucasion to (40 to luft otliun to &i ther speaks to me.«o coldly fand with such con- tempt, and if he da not change for the better and treat me kinder than he has heretofore done, I will fly to you and mtike you mine ! " Caroline, won't you always love me ?" Caroline it will break my heart if you place your affections on another. Caroline I can't write any more just now, my eyes are dimmed with tears , my hand is treoabling and refuses to hold the pen any lon- ger Your wretched . James. r 6 tf^'.. CAROLinr. V you luve me still do not go nway on Satuf' day it will make thinK* luoic woriu than (hoy really are ; you will have only a few duys to re- nnain after Saturday till the 1st May. ifiiduru it all lor my sake Caroline, and you will never re gret it. No Caroline, 1 shall be your's for hyer ! When you have lelt I can call and see you at Mr. D 's, and we shall make things all right ■gain. Caroline, you said I deceived you. No Caroline, 1 never did, so help me Uod, I love you too deurly to- deceive or forsake you. My Father told me to leave his house, he also said he was only keeping me for charity sake. If I was to leave now Caroline, you know that he would not pay my debis or give me money to go away Caroline, the moment he glides me money I «hall go anil share it with you even to the last fai thing. I intended saying that when you came across on Sunday that you canoe into Miss P— — 's bed-room, and that you mentioned that you had seen K ,and that he said be was coming across to see me and that -Miss P. D— - — 1 was sitting in her room and tba. I left in a rage «nd went down stairs and that you wrote the note asking me to come up again — I will clear the matter so as no stain shalT be put on your character. Caroline, I appeal to you in remem- brance of our once happy days to forgive me. Oh ! Caroline, if you only knew how I feel, ray heart is breaking, you would once more give me your hand and say I am still dear to you. Oh I Caroline say not after you leave here that we part to meet no more. I implore you Caroline, for the sake of oLr .dear Uma child, that you wont never abandon or forKPulM I can't write any more Citmioe, my heart is to full. . * My Dearest Caroline I little expected when I hurried from the Cove on Saturday evening, and I might add al- most flew, that I'miEht see thee sooner, to meet with the cool reception you gave. Instead of asking how I was and appearing glad to see me, you appeared quite cool and collected, and, as I thought, hesitated to open the door for me— It was not always thus Coroline — I rememW the tinie when you would have received me with a amile ; ah, such a sweet smile, and in my esti- mation, I considered I was sufficiently compensa- ted for my visits. But, alas ! Caroline, these days of bliss have vanished — yes, Caroline, you seem to have forgotten them. 'Tis useless for me to tell you how I love you, you know it too well. Caroline, if you have ceased to love me, for God's sake tell me so. If you still love why did you drive me from you on Saturday evening ;— do you think that I am entirely devoid of feel- ing, that I can be thus treated by you and not feel it, and sensibly too 1 Caroline, I often sit lor hours thinking of you, until my heart has nearly broken — By Heavens ! I love you as ten- derly, as passionately, u fondly as ever, and un- less I am loved in return as well as ever, I shall not see you again until you come to reside at Mrs. F Caroline', I| can never bear to have your love forntetiiminish for a single mo- ment. Pause, Caroline, pause ere you drive me to madness. You accused me of not coming to 1 spo you— Gary, il I vai mastnr o( my own time, reuilily would I tpi'iid my wholu lil'u tiinn with thee — " Am I not your's," ; yes ; Caroline, till deulli piirts lis ; even then, il ever it should be my lot to survive you, this heart shall never know another love, uh ! no never, yuu are too dear to me, your imagtf ton welt imprinted on my Iwiart ever to be eiaitud or replaced by another'ii. uod forbid, Caroline, that 1 should ever live to see the day we must part for ever. Caroline, if you only knew the anguish you have caused me this week, your too sensitive heart would really feci, and dearly love mo — no; Caroline, fancy you see me with droopinv head and perfectly aisconsolato, an> From one who loves thee. Don't disappoint me on Sunday— I will Mt keep thee waiting. I hope you have a long let- ter for me full of love. Dear, Diar Caroline, You aslced me to-day if I loved you still : yet, Carry, I love you as passionately as devotedly as ever, and rest assured this heart shall never know another love but yours. Caroline, you are about to visit the scenes that recall to mind the many happy hours we have spent together, and it makes me wretched to think they can rever be again. Caroline, your portrait is now before me, ind ah I how I gaze upon it, how I kiss it. Yes,- 1'*^\ have droped a tear upon it. I shall wear it ne^t my heart, never to be removed, never to be re- placed by another's. Caroline, never doubt my love — I shall 'ever love thee. The happiest moments of my life I have spent them with you. Caroline, 1 am wretcned. When you go home this evening re- tire to your bed-room and think of me, it will help to console me to think that we are thinking of one another at the same time. I will call and see you ct Mr. D— — '•« on Sun- day, say 3 o'clock. Your's in haate, Ja# I MS last I [I had gr you told evening lyesterda [inyself Kould rou to lagain l Idle for ; ledyoui lor a sin that dea havegiv [being tq [am TiU jpleasnrq Einy a| ve. Fish tl J o'cfock. rui'oliiK!, you si'u thnt riiy futhet y— udit'ii, Curolirii', till Suniluy. ill never know father sunt iiiu u- wuy— luiitii, x.,,iu....i, .... .^.jKliiy. I am very anxiouito know if yon Imvo einjusfil with Mii*. >" . I will write you to morrow, aiij writi; me a fuJI and exjilicit account per bearer. Jai. Dkarbst Caholink — Enclosed you will find what I promiied you, which please accept. The Boss has arrived, and him anil my mother are both sitting on the gal- lery, and it is impossible for you to pass without them seeing you, you can remain at Mr. B's , and i will try and send a calash to take you to the paisage at six o'clock, come over early my Carry to-morrow, as I will be able to meet you at ■bout 2 o'clock,— Adieu dearest until to-morrow, you have no idea how anxious I am for it to ar- rive so as I can clasp thee to my tond bosom and call you mine. Your favorite letter carter has just arrived with a captain at the oHice, so 1 will send him to you and make what arrangements you wish about going to the ferry, on no account dearest let tbem aee you passing our house, if they saw you our plans will be all frustrated. Your affectionate, JjtS. After we parted yesterday evening, most fortu- nately 1 procured a calash at B 's, and arrived •t home at a reasonable hour, I asked my sister ^ary who she bad seen in town, if you recollect I told you her and my mother had been in town, she told me that she saw you and a little girl going up Mountain Hill, and that she thought you were looking very bad, and also she had been in- formed that you were stopping at a low Hotel, at the ferry, you told me Caroline that no person from this side saw you yesterday, however, it matters not, more than likely my father will moke enquiries about you at the ferry to-day. My dear, dear Carry, I ought to be one oi the happiest being* in existence, surrounded nearly with every comfort, and, yet still more to be loved, so pas- sionately, so devotedly and tenderly by you and instead of which I am one of the most afflicted I mortals living, Oh : Good Heavens what a night I of trouble has passed over me and oh,dearest all for thee. Caroline my eyes are all swollen with cry- ing last night and they remarked at breakfast that I had grown fat since last night. My Caroline I you told me that I received you coolly yesterday I evening, Heaven be my witness if I did not all day I yesterday think of you, and howl pictured to [myself how fondly I would greet you, howl l^'ould receive you in my open arms and clasn /ou to my fond bosom and welcome you back lagain into the arms of him that would readily tdie for you, Caroline forgive me for having treat- led jTouas [ did last night I am to blame, but never I jor a single moment doubt nny love, anything but [that dearest. Love you, — Ob, to distraction. I [have giving you every proof of my love, instead of Ibeing the gay and lively youth of other days, I lam like a person who has renounced all the Ipleuures of this wicked world. I shun all com- Einy and live in solitude thinking on thee my ve. Would thot I wear,— No, I was going to riah that I were dead; but, No; live, Uve for then. My very soul m torn with grit-f when f think hnw yoii .ui> situated just now, and obliged to rernovH from place to place, and you that have been (lurtiired with such Cdre and kindness it is no wonder that 1 would wish to die. I thought ami thought all last night on what you and I were talking about and am sorry to say without any other ul'ernative than the one already sugges'ed by yourself, that is either to spend a few day "it Mr U— -'sorgooui to M— — 's. I think you .id better go out to M 's for a few days, and try yourself to provide a nice place somewhere but not out ot (Quebec, uh no Carry, if you still love me, do not leave me. Heaven only knows you have given me every proof of dear I am to you, and still my dearest Caroline I cannot fancy you going oat to that dirty hole of M— — 's, try b finil some place and I will meet you wherever vou may say, on .Sunday afternoon or if you could over on Sunday about 12 o'clock, and wait at our usual place of meeting, we will be able to talk things over, and in the meantime I will have a look out for a place on this side, I will get Sonne mcncy on baturdav, on the Sunday I wilf be able to give it you ; (font remain any longer at the Hotel at the ferry as they know you are there. Adieu dearest, until we meet again, you are my darling and I ever shall be your affection' ate and devoted. Jas. Mention in your note if J—— will meet yot» some day this week in town, eo as I will be able to hear what you are doing and where you ore' sloping and I will write to you. Monda*^ MonNiNo, 8 o'clock. My Dear, Dkar Carry, — " How are you," and from my very soul do I hope you are quite convalescent, and I was going to add enjoying yourself. But no, my dearest Caroline, I Idiow you can't enjoy any pleasure without me, at least I flatter myself that is the case. I would have written you by last Friday's mails, but I could not find a moment to spare, as my father requires sundry writings previous tv his leaving for New York, which 1 hod to get rea- dy, and he started on Saturday evening, and he expects to be back by next Saturday. Dear Caroline, how of^en have I wished you had re- mained, we could have met every evening, and spent many happy hours locked in one another's fond embiace, however it may be better as it is, You can imagine how buisy I must be, I am obli- ged to be up at 4 o'clock every morning and do the Cove business, and after breakfast go to town and transact my father's ; when I return home I am obliged to work until 10 & 11 o'clock at night, the reason of our being so busy is that the term of years of copartnership has expired be- tween my father and the G— — — , and they wish everything to be wound up. My dear Caroline, your last note I could not understand you mention something about a M— ' and a C— — , and about my father cross- ing in the steamboat. He told me he saw you, he "nd Mr. Gilmour were standing talking to- gether on top of Fraser's hill, where they both saw you, and my father merely remarked that he supposed you came over to see me, and after tea I went up to our old spot, thinking to find you there, if you recollect I mentioned in the scribW« \i t . i cent yoii that if you did not no away that »fl«r- noon to meet at our uiuul iilnco. and whut yjii hud written in your lost icroll led me to believe you bad made trie miller wait expressly so as to meet me. 'Jaroline, imagine you nee mi iilune, uiixi- ouily waiting your oriival until dark, and when I found it wus too late, 1 went down to the ferry and I was informed you hnd started, and 1 cume home and I cried nearly all the road. And why ■hould I not weep bitter tears '( Am 1 not sep- arated from the only object I love— the only ob. ject 1 wi«h to live for and no matter for ho .v short 'a time. I find each day as if it was a week. Caroline, olten do I put down my pen and think how you are employing yourself, it you are out making hay witn the rest of the family, •-. if you are alone thinking on me. You mention about sending a letter addressed fjr me to a Mr. Wm. V— ——, I have not the pleasure of knowing this person, however, Caroline, I think you might safely write me through the Post OfAce, address it in cure of Point Levi Post Oilice, don't put any signature, and if possible address it in a monly style, for fear it might be left at Uilmour's office with our other letters, but 1 leave it all to your discretion ; but deorcst you do not know now anx'ius I am to hear from you. Miss H. has ^one to town, and dear, dear Caroline, the whole time she was at our house I did not spend a sin- gle evening with her or in her company, and she remarked that the Misses R and her aunt, and others found me so gentlemanly, but she begged to differ with ti itn, beeause no Gent would have left his sister's guest and spent hifi time otherwise, in fact she was quite vexed about it. Caroline, I bold you too dear at heart to flirt and talk nonsense to other women, I am one of the most faithful lovers in existence. 1 will ne- ver deceive you, no, by Heavens ! never, you are mine, and in return I am your's till death. I have no news to communicate, 1 did not go to town on Sunday. I stopped at home all day. My father left strong orders with my mother to see that you and I did not meet, and so as to inform her we could not meet, I was obliged to say you were out at St. Mary's. Mr. G. and C are coming down the hill — Mr. Gilmour is here every day. — Adieu, my darling Caroline, fare- well until we meet. 1 have kissed your portrait a thousand times since you left, I also enclose vou a dozen kisses. Upon my soul, Caroline, 1 have kissed your name in i doz. places m this letter. Adieu adieu, ever your Devoted lover, Jas. ^ Excuse this scroll. Write me Caroline at all risk, but no name to it. Sunday, 3 o'clock, P. M. Caroline,— I received your scroll, I cannot find it in my heart to upbraid you : no I love you too dearly though you have wounded me to the very heart. Caroline I forgive you from my very soUl, and may you never endure the anguish I now feel while writing these lines. I am obliged to put down my quill so as to enable me to breathe freely. I am choking, Caroline on rec«i'-, ax this letter retire to your boudoir anJ pirlitre Ui youtsell— f silling all alone und wielched, no confiding friend near to coiidolu with me. No home — oh ! that I had one true friend wherein 1 might pour nut my grievanrei. I am endiiiing pangsof grief that none can feel but those that has been slighted by the object of their ofTec- lions. CaroRne my brother handed me your note in church and 1 wus so eaiier to know its con- tents that 1 opened it in church thinkinj; it con- tained many words of endearment but olos, 1 was disappointed, I suw it had been written in a hurry. Yes Caroline during u long week you could not find time to write me. You were other- wise better engaged than to think of me. When 1 finished perusini; your note my heart filled and I was obliged to use and leave the church before the whole cnni^rpitation. You say you did not contemplate mo sending to-dav, 1 sent living in hopes 1 would receive n long letter from you, full ol love, it would have helped Caroline to sooth my already cancered heart. No matter Caroline, I had to give my brother Duncan lOsto bo the bearer of my letter, and what did 1 receive from you as a recompense a mere scribble. Caroline, you sny you are ill, 1 sincerely, hope not dangerously, Caroline if you really love mo as you profess to do it would have soothed your aching heart to have sat down and thought of me and have penned mo a long letter, you v;ere perfectly aware that 1 was to have written to you and you could have sent your letter in return by the bearer of mine. Caroline forget me— banish me froic th-, memory— fcease to think that I exiat, until the hour you require one true friend. Carolina we meet no longer os lovers. But I aball aver b« as a brother to thee. Yes Caroline I Will toil nlglt and day to moke thee happy even now I am up betimes in the morning until late at night working for you — and Caroline how have you repai4 me — have I not always been kind to you, have I not always coincided with you in all matters — Caro- line my heart is breaking- I can't see — my whole frame is shaking as if with ague. Caroline imagine not for a moment that my family have been poisoning mv mind towards thee no, rest assured your name has not once been mentioned in my presence since you left. No. your not writing me is a sufficient proof that 1 •am forgotten, alas that I ever lived to see the day that 1 should be forsaken by her I love— Carer- line you have inflicted a wound upon a poor hear' never to be effaced by time. No never. Caroline new scenes, new objects will teiwb thee toforicet, they will dissipate painful remem- brance. Yes, Caroline, wben^your head k pulow ed on another's bosom oh think of me, recall io mind the many happy hours we spent together^- yes Caroline think of the evening when first fr>n imprinted a kiss upon my pallid brow and I in return clasped you with all the ardour of a first love to my throbbing bosom and railed you Caro- line. Those days of happiness have vanisb«i) never again to return and there is nothing na^v left me but a dark and gloomy path. Caroline as sure as the unrivalled siin now shines above me this heart shall never know ano- ther love oh, no, never ; you were my first mA only love. Caroline I am disconsolate and me- lancholy so much so that it hai> awakened the ing me return, terday cannot 1 to you think yo day, and James, night. [Bear ( Yes, ime you \ lympattiyormy Tather ami Im Ii»k kindly otTnTcA to allow me to ao to KnKlnnd in one of thn ship.s now loulinK at ne think* n trij) acrosn tho At- lantic would bitnefit mv health. I declined |{<> — as a signal that I am the be(>rer of thif, I will send it up to you by a carter ; say I o'clock, the hour for meeting. If you cun't find it convenient to meet to-day, sa, next i^nnchiy, atSo'clook, and at the above appointed pluce. Caroline, my Father gavi' me jC89 on Satur- day — meet me and you shall nhare it with mn, you shall never have it to say that I was merce- nary. Your's till death, Jas. Dear Caroline, — Do ; forgive my rude conduct towards you this aftornooni I am sure you will Caroline when you reflect for a moment that I nm sick and pee- vish. You went to town yesterday without writ- ing me a few lines, saying when you would return, and it made me so wretched all day yes- terday and all last night. Dear Caroline, you cannot believe how sorry 1 am for having spoken to you so crossly, and particularly so when 1 think you crossed the river such a c old bitter day, and I flatter myself it was to be near your James. With your permission, I will go up to- nighti Dearest Caroline, — If you could only look at me all alone in the office crying like a child, I am sure you would still run and clusp me to your boaom and call me your Dear James, Caroline my heart is breaking. Do make up friends with me, you know it was not intentionally that I caused the exposure of your note. Caroline I shall never abandon you, No, this heart shall cease to beat first, unless you wish to leave me and be another's. I will give you suf- ficient proof of my love before you leave Quebec. You asked for Romething in your note. What j was if? I could not make out what it was. Write nne Caroline saying if I am still as dear to you, and if you are willing to make up with me Caroline, do not let us part in anner, Oh, God *^'>, you muse give me your portrait Caroline ^as you promised, and you shall have mine if you still wish for it. [Bear Caroline, — Yes, you are still dear, although absent from Ime your image is imprinted on my me.nory nnvor to lie nfTiirnd. No. never, Caroilno I am now wntinu to ynii nt 12 o'clock at ninlit wlicli every munilicr ot tUr. I.ifiiily nro in thidr limls, and ovnrytliin;; arouiid dark and i{l<«»ny ; nm! in ih(! rootn Ihut waHnncn your's — thti rDom ilmt ri," calJH Id mind thn iiiaiiv hap))y honrn I mpcrit with tlu!(! — never nj{rrl<(d me, and uh ! I'arolinu 1 sat down lost in ndniir.i- lion, lost in thought, yes dear (^arry I ihonjjlit I saw vol! silting ncur tlie window wi.li your on a chair in front of yon as yon so olltui sat nnd busily plying your needle nnd I sitting on the sofii near you with your hnnd fondly clasped in mine, Alas it was hut n dream, when I nwoke from my revery no, Caroline was there. No, iniiy be nt that very moment you were flirtin;; with .Mr. fJ ■ or U • , Yes Caroline, I wns iiilormed thnl Mr. H. was jjnilanting you nhout town, nnd little did tho parties iinnsjinH who infortiied mo the wnumi they were indicting on my ulready wretched lionrt. Caroline I retired to my bed- room and wept — yes. wept, nnd unfortunately my father came into my room nnd saw tho traces of tears on my cheeks, he sal , Caroline, I am yours for ever, I am thine and thine only, I can't bear to g;ize at other women since I have known you. Yesterday, wln-n crossing, nlthnnq'h the steamboat was full of ladies, I retired to tke most secluded sjiot and thought. My Dear. DEAR Capoline,— We were seen on .Vunday toge'her on Moun- tain Hill, and some person fold my father, and he-said to me last ),ii:ht, well ; you still persist m walking with Mi?s Ferguson, efter all I have said to you. Now bear in mind what I am goinp to say :— I swear by the Eternal God, that if I hear of you walking or keeping company with her any longer, you will have to leave my house forever, and seek for employment elsewhere and also, I shall disown you as my son. Caroline, 1 care not -he may threaten as he likes, but meet you I shall and will, if I wa3 even sure ol aeath afterwards. Caroline, yon have not the remotest idea of all he told me about you ; and he could bring proof to substantiate what he had said to be too true. It It 18 the case Caroline, you have been deceiv- ing me grossly. Caroline, I wiH not fay any- thing about the matter unlii we meet— say next aunday, at the grove— fail not to be there, I will nin all risk to meet thee -or if you come up on Saturday to Mrs. B 's, I will see you there, do not come with the intention of going to town —If you come on Saturday, let it be about 12 or 1 o clock, or if you think we couM meet better in town please inform me where and at what hour. Caroline, it would be far better for me if I were dead. Oh ! God what a night of deep anguish has ^''* .7u"- ,^<=''e'l till I thought my poor hean would break ! Oh ! Heavens, how I love you- felre' ""^ '^^'^^^'^ ^^"^ ^°" ^"^^ P'^^®'' "® Cheer up my beic v d one. When I reflect for a moment and think y.-: are down at Beaumont, ail alone and wretched no person near to cheer thee, no kind one to .*,,eak to you, it grieves me to the very soul. We must bear it all Carry : tears are i.ow gliding softly down my cheeks. Vb ! just (rod, bow wretched I feel. I love you as man never loved a woman. To lose thee will fte my death. For Heaven's sake try and console me. iwrs. t.-- has just asked me what is tae matter with me that I am crying, for if you should come up Carolino, be careful, peop!e are beginning to talk about you and I meetint; at B 's, and it may cowie to my family's eais. Write my Carry, and tell me I am still your's that nothing but death will part us. Farewell, Caroline, till we meet again. My father and the Messis. Gilmour arc coming down the Hill, and I am obliged to stop writing — .f possible write a few lines per the bearer of this letter. (Turn over.) Caroline, if you think We could meet better in town, go and live at D 's ; but beloved I have been thinking by your going to live there they may you understand the blank —and that it would be better to remain at Bcaumoni under any circum- stances. ff you could manage to go to church on Sunday, at Point Levi, and after church I will meet you and you can dri^e home in a caleche, we will talk about it on Saturday. Dear dear Carry, — Agreeably to promise I write you ; but in very low spirits — I arrived here this afternoon at 3 o^clock, after a tedious journey of four days, the winds were very bad, and I feel quite exhausted ; but not too much so to prevent me writing ycu immediately. 1 intend remaining here to-mor- row (Sunday), and early on Monday morning I proceed to the woods, accompanied by Mr. W and Mr. H ■ ■ ., we shall be obliged to sleep for several nights in the snow before we arrive at our destination, where Mr. Welsh and I shall rest ourselves for a few days and then start for an exploring expedition un'il i^pring, we shall have two Indian guides with us. I hope I will be able to bear the fatigue. I shall have a great deal to contend against, however, 1 must bear it all for your sake, — yes, Caroline, for you, and only you,— do I wish to live. Berthier is a most miserable place, I have been introduced to a few gents, and m course of conver- sation with one of them he happened to mention that he had been spending a night with a sick friend, a Mr. B an advocate and who is on the point of death, and not expected to !iv3,—- 1 asked him if he had a brother who died a few months ago, and he informed me he had a brother who died frorfi dissipation and who was married to a Miss C , of Montreal, he also said it was from dissipation that this B is dying, he is married to a Miss McB , J have had tl^e pleasure of seeing the other Misses McB , and was invited to epeml Sunday afternoon with them ; but declined their kind invitation, a Mr. D a Lawyer, introduced me, I intend ^aking a M'alk with Mr. H , to give him his first lesson on snow shoes in preference. Caroline you must net fret, so cheer up dear, and take care of— —for my fiake, you had better not write until you hear from me again, by your writing on receipt of this letter I will be far, far tway in the wild woods, and may never get your letter. Yes, Carry, rest assured, every op- portunity I shall have I will write you. Caroline I must do. ^ this as Mr. W. is looking over my shoulder, and he has strict instructions to watch all my movements. My next shall be much longer and livelier. I doubt if you will be able to read this. Ever yours, J* Berthier, 8th Jany., 1853. u !r !0p7e arff eetiiiK at ilv'a «aiB- lill your'a Farewell, er and the Hill, and lie write a .. (Turn ould meet .'s ; but going to • • • would be ly circum- on Sunday, II meet yo\k \e, we will but in very ernoon at 3 If days, the I exhausted ; writing you lere to-mor- morning I ed by Mr. )e obliged to w before we Welsh and I nd then starl ing, we shall I hope I will have a great I must bear it for you, and J, I have been irseof convCT* id to mention t with a sick nd who is on ;ed to !iv2,— I bo died a few I had a brother ) was married > also said it is dying, I have had t\ e McB , and on with them ; I Mr. D a laking a walk irst lesson on cheer up dear, sake, you had 1 me aftain, by ,r I will be far, may never get iired, every op- you. , \Y. is lookmg £ instructions to next shall be , if you will be J. Eeamination Continued,— I am not «ware of having made any aliuoions to Mr. Gilmour in my letters, and it I did make uny they were false. ( I'lia plainlifl's ex- hibit C. havinc been shown to wuness, dated 25th April, 1853, he stated that the Mr. G. therein referred lo meant Mr. John Gilmour, the defendant). Ha offered me a finu salary and I accepted it. It is al«o true that the salary was offered on the uondiliuns mention- ed in the letter. These conditions wero that it was publicly known that I kept the plaintiff as my midtress or paramour, and no mercantile houne would employ a young man of that kind. That was (he first u'eca- aion, namely, about the spring of last year, that be ever mentioned, to nry knowledge, the plaintifl's name. Mr. Gilmour said that I ought not to carry on as I had uone, that Miss Ferguson had been boarding a lonmith now, while lie: name is Ferguson. By the Counsel fur Haintiff. — Have you made any reference to this affiir in nreatiio. of Mr. Melrose and Mr. McGia ? Mr. I'atton. — I have. Bi, the Counsel for PUintiff. — Did you express any wish, in (he presence of Mr. Melrose ai:d Mr. McGio, to God that you could lii d some thing agninst the Plaiiilifi? Mr. Patton. — I rnig.'it have expressed a wibh tu Mr. MtMrosu to get proof asains't Miss Feruuson. I did not know at the timo that Fiainttif was rtnidiiig at Mr. Melrose'u IIolol under the assumed name of Mrs. Smith, and Mr. Melrose put this question to mo, t:s I have since ascertained, with thu view of pumping me. He advised me to go to Australia, mid on his evidence I wascap- iased at the instance) of tha Plaintiff. I novur heard of any re/>ort a^uinst the plain- tiff's character from Mr. Gilmour. 1 was nuver present at any conversation between my father and Mr. Kailtuii on tiiut subject. Tiid dafendunt is supposed to be rich, the tirm is supposed to be very lic-h. I do not kiiu'.v whuitiur there is any connection in n^.arria^o between the plainlifTanil defend- ant. I had never seen the piaintiif but once id John Street, before she went to reside at my father's house. 1 had no acquaintance with her nnnnoctions. Cross Examined.— 1 nm the son of Mr. Duncan Patton. Mr. Duncan Pallon, my father, was formerly a partner with the de- fondant. This partnership oxiste:! between my father and the defendant in October, 1851, when I first became acquainted witli the plaintiff. My father then resided at^ Indian Cove, Point Lnvi, and the defen- dant, Mr. Gilmour, resided at Marohmont, wheni he still resides. There were two bu- sinesses carried on. One under the firm of Allan Gilmour & Co., and the other under the firm of Duncan Patton & Co., in which the defendant was partner. My fatbe,' was only p rtner in the firm of Duncan Patton & Co., in Octobor, 1851. I was in the employ of Duncan Pallon & Co., of which Mr. Gil- mour wan a partner, as I have already slatod. My duty was to attend to the in- sids and outside business. My father had charge of the businesn, and in his absence I took charge of it. VVfien first I knew the plaintiff, in October, 1851, I was twenty- one years and a half old, and she was then abonl 23 or 24, I suppose, although I cannot tell. Before residing with my father, I re- sided at Mr. Walsh's, foreman Culler to Duncan Patton & Co. It was about five minutes wa!k fium the place t^h^re]! resided to my father's Ikiusi'. Previously lo my ao- qiiaiiitance with J\liss Ferguson, I received a letter from har requesting me logo home nr / 12 V ! <■ ! il !if Hi I anJ stay with my family, and a short time afletwurds I reoeived a purse which I re- iurn<:id. Before I knew her. I reoeiveU one letter from her, invilina mt ime to my fa- ther's house. I went home a short time af- ter receiving this Jeiter. She gave me a purse a few days afterwards. About three weeks or a month afteiwards I had an im- proper connection with her, and this connec- tion lasted, in my father's house, until she jefi, in IVlay, 1852. The intimacy was a secret one and perfectly unknown to my pa- rents. (The witness having been asked on whose side approaches were first made, s:iij that the fact of Miss Ferguson having first sent him a letter, was proof sufflcient thut the approaches were on her side.) There were approaches on both sides. The letters were hurriedly wriiten, as the plain'i/f was oontinuall]; hovering about the yard in which I vtas working. When the plaintiff left my father's house, she went to reside with Mr. Faucher, where she remained, I suppose, two or three mciiihs. While she was there, I had repeatedly improper inti- macy with her. Mr. Faucher, is, [ believe, a lawyer. She was governess at Mr. Fau- cher's, and had, li presume, the care of his obildrun. After that I think she resided with a woman named Mrs. Faucher, on the Little River Uoad, where she was confined Dome time in the fall, October or November. My improper intercourse at Lemieux's and at Mrs. Faurher's, on the Little River Road, continued after she was confined up to the month of July, I think of this summer. After leaving Mrs. Faucher the plaintiflf went to reside with a person named Mrs. Robitaille. ! left her at Robi- taille's when I left Quebec about thn tenth of January last. I suppose, it was after the holidays, that is of 1853, when 1 returned to Quebec. She was then residing with a farmer called Rodgers. My improper in- tercourse continued with her there. She re- mained there the whole winter I suppose. After she left Rodgers. she continued knock- ing about several houses staying about a week in each at a time. After that she uame to Pointe Levy where I was residing at Lemieuz's where 1 kept up a continual iiitercourse with her. She then began to prosecute me, which I think was about the month of July last. The next 1 heard of her was that she was residing in a Cana dian hotel called the American hotel, under the name of Mrs. Smith. This hotel is kept ''^by a man called Guay. Tho defendant in this cause never used to me the language following: she (meaning the said plaintiff) is a whore : she (meaaitTg the said plaintifi) is a common whore, I can prove it: she (meaning the plaintiff has been kepi by a genllemaa in Montreal. J5y f/ic Counsel for Defendant. — Was the conver«ation which you had with Mr. GiN mour ami which you referred to in your exa- mination in chief, used as you believe for your benefit, in your interest, end in the in- terest of his establishment? (Objected to by plaintiff and objection maintained.) By the Counsel for Defendant. — Did yon refuse to marry the plaintiff in this causa in consequence of any language that fell from the defendant in this cause, if no, stats your reasons fully and at length 7 Mr. Patton. — It was not in oonsequence of an>thiiig that fell from Mr. Gilmour, the Defendant, that I refused to marry the Plaintiff; it was because she volunteered to become my Mistress that I tefused lo marry her. I made inquiries as to what the general character of the Plaintiff was before my acquaintance with her, and I ascertain- ed that she had borne a ver) light charao* ter. She wrote many lettirs to ma. Those letters are all burned and oonsuraed by me. I may be able to produce two or three, but none ia comparison to ttie number she sent me. (l was at her request that 1 burnt ber letterr, and she led ma for a long time to believe that she had burnt mine. I have stated in my axaminatioM in chief that por- tions of the statements contained in those let- ters are tru^and that a portion is false. That portion which is true is that which re- lates to my affection for the plaintift, I be- ing under a state of infatuation at that time. I could not tell which portion of those let- ters are correct unless I beard them read or read them myself. The portion of one of the letters in whioh worda are at- attributed to my father invoking the name of the Almighty and using threat* and swearing that he heard of my walking and keeping^ company with tho plaintiff are cor> rect and true, and ha did use suob langtiage to me before I wrote that letter. It ia im- possible for me to say at what period the lat- ter was written unless there was a date to it and there is none. Re-Examined. — 1 will be twen!y-four on the sixth of June next. The plaintiff did not go to these places with my consent and it was with much difficulty that I found har out at Mrs. Fauoher's on the Little River Road. It was at my suggestion that she loft it, having heard that it was a house of bad reputation. The lettars produced cover nearly the wtiola period of my acquaintance with the plaintiff. The matters of fact al- luded to in the letters, I still adhere to. The Court than adjourned. SECOND DAY. Thursday, Ist December, 1853. The Jury having come iato Court the trial ia resumed : 18 WiLLiAK Hamilton, Murohant, is oall- e ) M ■j J" •'■'■ tba month. The reo«on why I told Mr. Holt thi* morning that he would make no- thing out of.ny evi.lence was because I had no evidence to give. The only ijnow ledse I have of the nature of ihiv action ii« derived from my present examination. I can't say, whether I have heard before that an action for slander or defamation of ohar- acter bad been brought asainst Mr. Gil- mour. I don't know that I ever heard it mentioned by this name. I have no idoa of the time when I first heard of an action being brought against Mr. Gilmuur, and I cannot say how often Mr. Gitmour has spoken tome about this action, I caiinot re- collect what he said upon the subject. I have no doubt that I am in the habit of for- getting things said to me. I have always had an imperfect memory. I have never permitted myself to state an untruth know- ingly ; I do not swear positively that Mr. GJImourdid not tell me that the plaintiff was a bad character. I swear nothing positive- ly. I can't say whether my memory is more retentive at some seasons than at another. I cannot swear whether Mr. Gii- mourat any lime spoke to me any unfavour- able words concerning the plaintiff. Cross-Examined.—l have a daughter who is related to Mr. Gilmour. Ii is in consequeuoe of her name being mentioned in a letter which was in the office of Messrs Holt & Irvine that the defendant in this casb requested me to go to their office. The obj )ct I had in going there was to see that the name of my daughter was not mixed up in any shape or way with the parties con- nected with this suit. The Court here stated, considering the elationship which existed between the witness and the defendant, his testimony shoulci be laid to one side, and should not go to the Jury. James Hamilton, of Quebec, Clerk, was then called and sworn. He stated himself to be the nephew of the defendant, who is his mother's brother. The Judge then stated that he could not permitlhe examination of this witness, he being a relative of one of the parties within tne prohibited degree, and (hat it was his duty to interfere, even when no objection was made by the adverse party. Mr. Stuart stated that he had no oljeo- tioii to the examination of this witness, but that he did not see what right the plaintiff had to summon the relatives of the defend- ant and endeavour to extract evidence from bis private commnnicalions with him. Mr. Irvinb said that there was no rule of the-French law more clear than that no per- son could be examined as a witness who was a relative of either party, and admilled that the JuJgo had a righi lo interfere to enforco this rulo when no objection was made by the parties, but at the same time urged that there were exceptional leases in vvliioh tho evidence of relations was permitted, and urged that ?his was a case under the exception. The intention was to prove by tliis witness slanderous words used by the defendant respecting the plaintiff, when no one was present but the witness — this was cleoriy a case in which the evidence of a relative must be taken or there would be a denial of justice— it was the case of facts occurring enfamilU which is admitted to be au exception. It was ab- surd to urge that the defendant was privi- leged lo slander when speaking in his pri- vate office to a relative ; wore suoti a prin- ciple to be admitted, the defendant might through the medium of this witness have circulated rumours injurious to the Plain- tiff's character, and it would be impossible for her to render the author of the injury responsible for it. The Judge considered the evidence of this witness inadmissible for the reasons al- ready stated . James Nicoll, Clerk, sworn ; Examined by Mr. Irvine. — I am in the employ of the Defen- dant, and I know the parties in this cause. I am not related, allied or of kin to either party, nor interested in the event of this suit. I am a clerk to the Defendant, and have been so for six years. I know Mr. James Patton, who was examined as a witness in this cause. He is in the employ of Mr. Gilmour. I remem- ber that during lust winter, Mr. James Fatton was absent from his business in the office. I recollect that Mr. Gihnour requested me to find him out. He did not tell me where he, Mr. James Patton, was likely to be found. I don't remember if I suggested to the Defen- dant any place where he was likely to be found, but I went to several places lo look for him. The PlaintifPs name was not made raenlicn of then by the Defendant in connec- tion with Mr. James Patton. The Plaintiff was not spoken of by Mr.Gilmour until I found out Mr.James Patton. I ; 1 Mr.Gilmour where Mr. James Patton was, and Mr. Gilmour told me to bring him to the office. He left the place where I found him and made liis ap- pearance next day. I was not present at any conversation that took place between the De- fendant and Mr. James Patton. I told Mr. Gilmour that I understood Mr. James Patton to be in the same house with the Plaintiff. Mr. Gilmour then told me to tell Mr. James Patton to come to the ofKce, as it would not do for him to be laying up there. He said nothing more, with the exception not to come back unless I brought him with me, though it should take a week. When I told hmi that Mr. James Patton was in the same house with the Flaintifi'; the Defendant said it would 15 never ilo for him to be there. Tie did not say any thing against the Plaiiitih in this cau.poke of and concern- ing the Plaintiff at Quebec, in the presence of one or more persons, the following words, " She is a common prostitute? " — No. Twelfthly, — Is it not true that about or sub- sequently to the time mentioned in the Plain- tiff^s declaration, you spoke of and concern- ing the Plaintiff, in the presence of other persons, the following woros, " She was kept by a gentleman in Montreal," and, if so, state vrhen you so uttered the same ? " — No, never. Thirteenthly, — Is it not true that about or ai^er the time mentioned in the Plaintiff's declaration, vou spoke of and concerning the Plaintiff, in the presence of one or more per- sons, the following words, " She is no better than a common w ?" — No, never. Fourteenthly, — Look at the PlaintifPs de- claration. Is It not true that you have spoken of and concerning the Plaintiff, the words therein alleged to have been spoken by you, " She is a w ," or words of the same im- port ? — No, never. Fifteenthly, — Is it not true that ;^ou have spoken of tne Plaintiff the words " She was 'kept by (meaning a certain gentle- man) in Montreal^" or words of the same im- port ? " — No ; I did not J-now that she had been in Montreal. Sixteenthty, — Is it not tnie that you have spoken, concerning the Plaintiff, the words " She was no better than aw in Men • real, and I can prove it," or words of the same import ? — No. Seventeenthly, — Is it not true that you have spoken of and concerning the Plaintiff, about the time mentioned in her declaration, in the presence of others at Quebec, the words **w " or "prostitute," or "kept mis- tress," or words of similar import ? — ^Never. Eighteenthl3^ — Is it not true that an aunt of toe Plaintiff was married to one of the members of the family with which you are now connected by marriage ? — I am not aware of it. Nineteenthly, — Is it not true that several years ago you were present at a dispute or S[uarrel Detween one of the members of tho amily with which you are now cjnnected by marriage and the Plaintiff? State in what year to the best of your recollection. — No, never. Twentiethly, — Is it not to your knowledge that between the Plaintiff and some of the members of the family with which you are so connected by marriage, there Were, some years back, family disputes and misunder- standings ? — I am not aware. Tweaty-firstly, — Is it not true that in the month of August or of September last, or about that time you stated to Mr. William Hamilton, of this City, that the Plaintiff was with child ? No, never. Twentv-secondly, — Is it not true that about tho montn of August or of September last, or subsequently to that time, you stated to other persons than the said Mr. William Harailtoni that the Plaintiff was with child ? No, never. Twenty-thirdly,-*-Is it not true that previ- ously to the institution of the present action, and state when, you stated to Mr. George Rail- ton of this City, concerning the Plaintiff, that she had been kept by a gentleman in Mon- treal ? — No, never. The case of the Plainliffwas then declared closed. Mr. StCART, was of opinion that no case had been made out against his client, and that he should not be called upon to enter upon his defence. He reviewed the evidence which had been adduced, and urged at con- siderable length that nothing had been brought out affecting the Defendant in the smallest degree. He was, therefore, entitled to de- mand that he should not be required to make his defence to a case which had no evidence whatever to sustain it. Caron. J. — ^was not inclined to interfere^^ the PlaintifPs Counsel Were the best judges whether they would put their case to the Jury, or not ; he did not feel hi:nself called upon at this stage to express any opinion Whatever upon the weight of the evidence, and, more- over, had no power to cause a non-suit to be entered without the consent of the PlaintifPs counsel, Mr. Stuart would therefore be good enough to proceed with the defence. Mr. Stuart proceeded to address the Jury on the part of the Defendant. He anticipated that the I'laintiff'BCoun!;el,when they saw upon what evidence they had to rely for a verdict, as an act of justice to tlie Defen- dant, would have •onsented to a oon suit; but 17 noMrledge le of the h you are ere, some tiisunder- Willianl aintiff was ) that about ber last, or ed to other Hamilton, lat no case client, and on to enter he evidence 'ged at con- >een brought :he smallest itled to de- red to make no evidence to interfere^ best judges 3 to the Jury, tiled upon at on whatever , and, more- on-suit to be he Plaintiff's fore be good nee. ress the Jury Counsel, when ^ had to rely to the Defen- non euit; but (hoy luul uut Hcoti tit ao ti> do, iiml It bccuino Li.i duty to coiuiuciit uiiMii tlio fiict.-t clii'itcd. In nil liift oxporii'iK.'u In; li.i.l •"•vcr iiu't with sk vi'\- iitiiiu-f ft I'lisc iiH tlml. iKiU' siiliinil led l\)r tlm <'(iii- Hidorutiou of till! Jmy. 'I'lio lM'lVii(i;iiit :,ti»i)(l us a perfcat stniiij^or to tlii> I'laiiitill"; lu'liiulii ymiti'.j muu ill Ilia ('.stiiljlishimiiL who wiis liviiiL,' in iiii- ni'opei' iiitcroour.se with her, iiii'l t,lii'oii;,'li wli iiu lui wiiH iii'f^Ioiitiiii^tliu iluliort of liis oHice. AVIiilht tills youii^ iiiitti, Mr. Jiiiiios I'litloii, HO luiiili spoken of, was slill ii'iscut tVoiii lii.s liiisinL'.n, u coiiverijiitioii L'onctM'nin;^ liis ooiuliht took iiiiici' liotwfiin tlie Dnl'eniliiut :iii>I liis (•iiiiliili'iil.ial Olrrl;. Iutluit<'onviM't)iilioii,Mr. ( liliiiour nimli; u.-o of l;ni- giiiis^'of wliii'liiiodiii' could <•! Pill plain, iind,lii'oiiii!'i' 111) (lid, llO W118 foi'rtiiotli bl'ou'^dil, lirfoio !i iflli'V of liis country to uuLnvci" im iiclion of sli' nd'T. Koidly, tlioro was iievor a case nioro lini'iis;jin'.,' or opjirts- »ivo, iiioro (lirti'i'pntaldo or unwarranU'd. 'i'lu' t'liari^c against Mr. (Jilinour, a;j set foilli in llii' dei'lai'ation, was that llic DcftiidMiit niali<'i(iiisly spoke and iitteiutd certain >-laiidiTuus wiu'ds of and eouceniing the I'liiinlitf, and iiiat, by rouj'.on of the speakinjj and jmblisliinfj of repoils were erroneous. Shortly alter that, 1 went t) Kiigliiiid. I think 1 left on lliu ^iiid Docinber, JH51. Ueforo i left, 1 saw II') impropriety o['eoiiduct in my h iisj. I iiuiiilioiieil these reports to Mrs. Patton, bill v.(! a.-cribed it to liio geiier.il way in vvhicii young .' dies' chariietiMS are gono- rally altiieked in this city. On my return li'oiii lOiiglaiul, about t'ae latter end of April, IS.rJ, 1 Ibuiul rejiorts i;i eireulaiion still fur- ther i ijiiriousto her ehiiraoter. I iiiadu iiives" tigiitiuiis as to her general cli.uiieler and found it lieeii'iioiis and degiadjd. This was about the 20th of April, 185:i. I mentioneil theeir- cinnsluuee to Mrs, Patton, but as it was so lunu' the tenniuation ol her eiiga'^.' /leiit with n>, which was to expire on tlie ka May, 1852, 1 eaine to the eoiicliisioii not to dise barge her, ill ordin* not to iiijmo her ciiarae.ler. On the IstofiMay, I desire;! Mrs. Pa;ton to get rid of the Plauililf ; gave her thu money to pay her salary, and sent her olf. She wished to remain, but we refused. I never heard any f|ueslioii of nianiage between my sou, Jarnea Patton, and h;!r. In coi.seiiueiice of these reports, 1 adviseil my soii had experienced, perdaiis vtM'y doservedly, in his lather's I'ainily wiiich lirst interested her in his helnill'. ■WiTNKss (with h!'at)--Very well, oome on. Cauon, .)., liionf,'iit it would ho well il the Plaintill's Conn.-id did not ^o too far into partienlars. The Defendant's I'onnsel wonhl cluim tlu' same ri^iht, and the i()nse(jnenee rniL^ht he that a Ljieal many things wonld he isai(l that dul not alleet lla; uaso at ail. E.ruinindlioii rmilinuid. — I am notawaro whether or iu)l I forhadt; hi.s rem;iinlii^f at my lioiise or comjiejled him to remain at my enl- ler's house. Ih; always dined with us on ii Sunday. 1 do not recollect having- had ai;y quarrels with liim of any niatenal conse- queneo. Mn. Holt. — Is your memory liko Mr. IIu- miltdii't!, somewhat (kd'eclivo { WiiNKss. — Mot at all. 1 can tell you so.iie- t'.iini; ahont your partner, if yon ask me. Mil. Holt (to tno Comt) — 'I'ho an?wer of Iho witness is au extraoidiniiry one, ami can only ho looked npon as sheer imperliiK iice. Hut if liic Court will permit, a.s it is ovid:'i:lly tlio inti'ntion of tho witness to c(nivey lint idea that he is in possession of someliiinn' de- rogatory to the professional or private eiia- racterofouo of the Plaintiff's Counsel, al- thongii it is hesid(! the merits of this case, I will require tho witncs.-i to .say openly what he has to say. Mr. luvi.NK. — May it plea.«o tho (Vmrt, I am completely ignorant of anytliiny that (iw witness can possibly have to say coneerniiifi; me, but 1 have no objection to his statiiiir plainly what he means 1 y his insinuation, and of this I feel confident that I sliall not be prcjndicf.'d in tho estimation of Your Honor, or of the Jury, or of any one present in Court, by anything that may fall from such a peisoii as Mr. Duncan I'atton. (.(h'lieral aj)pjanse.) His Honor intimated that it might be ne- cessary to clear the Court, if tho proceedings wore interrupted again. Examination coniinucd. — It was Mrs. Patton who made the agreement with the riainlitf ; 1 was not present. 1 !im not aware ol the Plaintiff having wished to leave some days before the month of Way ; far iiom il, she wanted to remain for sonns days after the first of May, to make up for f-ome days .'^he had lost by sickness and otlier ways. She used to be in town from p'riday until Tues- day, leptatedly. I do not lecoUect of my being fibont to go to Upper Canada. I did not re(|nest her to remain, to the best of my knowledge, and I am certain 1 did not. I liaV(! ;i>sisted Mr. (iilnninr, so far as to tell of certain eviden<'i! l!iat might he adduced here. I furnished him with nu list. I handed a list of witnesses to I\lr. Sinart. I have desirod Mr. Welsh to atttnul, as well as my son and danghter, in conse(|U(nu'e of Huhpo'uas. I supplied Mr. Stuart with about four witnesHCs: they were inteiuled h)r tho Deteiidanl, and may ho for tho Plaintilf. Tho Delendant passes with nie as a man of moans, and 1 helieve Ik! is a penon of considerable inliu- encc, that is, I mean tin.' house. 1 have had a great many conversations with Mr. (iil- nujni ujion the subject of my son's and Miss J^'eigiison's affairs. I have not to tho best of my knowledge hi aid Defendant allude to tho Plaintiffs being in Montreal. J have heard him say nothing to injuro her character. Tim conversations I had with My. Gilmour wero commenced hy mi; first, when I was deploring t!;e iiiliitiiiitimi of my son, in being led away by till! Phiinlitl. Mr. (iilmonr expressed his re- gret that it should be the case ; the reasons were, that he was a young man of a fair edu- cation, and he Jiad a perfect knowledge of tim- ber, inside and out. 1 have heard the declara- tion read, and I swear that Mr Gilmournovor used any o/' those words contained therein lo me, or in my ])iesence ; audi never heard him say anything to injiiro tho PlaintifPs character. I am not awaro that I have been to see witnesses with Mr. Gilmour. I have above given the purport of all I ever heard the Defendant say against the Plaintiff. ^Vllen expressing my regret to Mr. (iilmour that my .sou had been in communication with Ihi.!; laJy, lu^ generally nodded his head, and seldom or ever spoke. 1 am not awars that he ever mentioned Mr. Gisborne's name in connection with a lady, and 1 say ho never did. JNJr. Gilmour ^finurally noilded his head ; and when he did not nod his head, lie did not speak. Hc-lJ.ra mined. — The whole three of us wero subpoMiaed by the Plaintiff. .loiiN ALtuKU TiiinsKV, of JJllle Falls, sworn. — 1 formerly re.'^ided at Quebec and boarded at Kiissell's ; I know Miss Ferguson, the J'laintili in this cause. I have met the Plaintiff in several places, and she was living at two or three places wiien 1 knew her, that is, slio changed her residence from time to time. I became lirf^t acquainted willi her, 1 think, in tlie winter of IB-IS. 1 think she was then living with a Notary, a relative of hors, in St. Koch or St. John Suburbs, but 1 am not cer- tain. 1 thiiik she went toone of the nunneries, either before or after that she then \ve lit to reside at Payne's. I have met her at Payne's IVequeiitly ; it was previous to the fall of 1851. She created a great many remarks. Her character was light for chastity and propriety .g, he Jvas cki| Mr. t'hose J»f the i\ lo the |o char ime \\i Mr. 21 I. I MA st of Hiy (I not. I to ti;ll of iTil lioie. licil a liftt i« (U-nirud y Hoii and xriuis. I ,vitllL'S80S| ilant, aiul Di'ltMuUmt im, aiul 1 iilili! inllu- l have had Mr. (iil- I null MiH« tho be(*t of lutle to the lavo hoard actiT. Till) iiioiir wero .Hih'ploiiiia c'll away by sL'd liis re- tho roasons [ a lair edu- I'dyo ol'tiin- lIil' ileclara- Iniournt'vur il therein lo R'ver lieiird p Pli'intitrs lilt [ have Gilinour. 1 f all 1 ever ho rialutitr. ^Ir. GilnioiT lication with is head, and )t iiwur ! that .e's name in ■ay he never led his head ; head, he did Falls, sworn. and boarded eryuson, the !l the riaintiir liviiiy at two ;r, that is, slio Hi to time. I er, 1 think, in she was then ot hers, in St. 1 am not cer- the numieries, then went to her at Payne's he fall of 1851. emarks. Her and propriety of conduct at tliat timo, tlial is previous and uplotho fall of IHf)!. C'ronn c.rtimimd. — I tlo not mean to say that she was nncliaslc ; .slu! was ii'imted lo be an uneha.ste person. Her cluiraetcr was spoken of very fijihlly at 'hat time; she was careless in her dcpurtMunil, ami not sullleicnl- ly guarded in th(f uay in which she con- d,ucteil hersell'. lic-e.rdiiiiitrtl 1)1/ DiJ'nuldul^H (JnnnHel. — In wlii'.t way was she generally careles* and unguariled as yon liave expressed yourself in answer to the ([uestion put to you liy tho At- torney for the I'laiiililf? Mil. ToHNEY. — liy cuininy totlio Telejjjraph Odico, and rtfinaininy; in a room there aioiie with Mr. (iislioine. Slie was thun Jiving al Payne's Hotel, but she used to come lo tlie Tolegraph Ollice, beforu she went there, Mr. (.iLiborne was uu old accpiaintaneu of many years .Htaiuling. She wa;t boarainy ul the time with Mrs. Payne's family. Wjlliam Wai.kicii, Mi'ix/iiiiit', sworn. — T was resiiling in Quebec, and in the tall ol 1848-41), 1 became lirst ac(iuainli'd with Miss Ferguson, the PlaintitI iu this cau.^e. She lived in Mrs. Payne's family, and I was living there ai the same tinn.'. I thought h(;r a giddy girl at that time. I believed her chaste enough at that time, IHlH; and, as to propriety of conihu^t, F believ(!sli(Mvas gidily. WiLMAM VVKi.sir, /\/;(U('/", sworn. — I know Miss Ferguson, the Plaintiff in diis cause ; J have known her for about seven months. I was living in the tail of 1851 in the laniilyof Mr. Pattoli when Miss Ferguson, tin; Plaiu- tifl iu this cause, went to resiile iu Mr. Pat- ton's family, where she resided seven nionllis. After she had been some lime in Mr. Patton's family, I saw some ot hor conduct liiat was not very good. J could not say that hor gen- j oral character was very good when she re- sided at Mr. Patton's. Her general deport- ment was not very good. .Iamks VVklsh, Culler, sworn. — I have known tho Plaintitf since she went to reside at Mr. Patton's; that was in l8oi. Since 1 liave known her 1 have heard several reports labout her character that were not very good ; [that was about the coming on of the sjiring. Cross cvainined. — The last witn(;ss is in r'lr. Patton's employ, and 1 in Mr. (iilmour's. Mr. Stuaht hero desired tin; Clerk of the lourt to call over the names of the witno.sses hom he had subpiL-naed. No others appear- ig, he declared that the case lor tho defence vas closed. Mr. Holt requested tliat the witnosset' hose attendance he had reijuiredon the ^xmI if the Plaiutilf, should bo called. He stated the Court that they were merely witnesses character, and lie trusted that not much me would be taken up in e.vainining them. Mr, Stuaiit objected. It was too late. Had tho learned connsol for tho Plaintill' thought it necc'^sary lo establish her good I'liaracttjr, he shouKI have odcied tin' eviilenco iu propor time. Ills declaration staliMl that at the timo when tho slanderous words wiiro useil, sho WHS in the enjoyment of the rospoct and esti!em of her fellow citizens, ami that sho liar of her mother who entrusted me with her business. About tho ago of It) years, she was obliged to leave her mother on account of harsh treatment. She li'ft (iuobec for Montreal, where sho resided for a timo ; she then returned to Quebec and endeavoured to obtain some assistance from her friends. I cannot say that I knew hor intiinalely, except such intimacy as is u.sual between an attorney and client. Until the time 1 received a subpujua in the case of Ferguson and Pattou, 1 never heard any thing against her character nor any thing to her prejudice. C'ro.M era mined. — Since the time she went to reside at IMr. Patton's I don't think I have eeeu her more than once, and I dou't think I i!',hi 1! i 1 ■!.• M I'-l hfiv») hoard any tliin^,' ol lior or.d way or Iho oilier. Sli(f wiiH (K'i;anioiiul ly filwoiit iii Moiit- tronl, wlioro Htm rcMiilml, I boliuvo, with an uiicli), an I huanl, wluue hIiu ruiriaiiitjil for thu (irHt tirnu twitlvo or t)i»hti)uii moiitlm. Hwr (ir»t return fo (iu«!l)co war v«.tv sliort ; ■ho returned aliuoMt itiimiuliatcly lo Moulroal. How loif^ Aim rumainttd thcru, I i-aiinot nay ; but Homo timti allcrwanls I linaid of hor keopiiig school in ono of tliu nariHlit-H of this District. Sho afliirwardw rcsidud in Quuhoc. Re-examined. — R«port« to a certain oxiont porjiidiciul to her chiiraotur, might have oir- culatml without my knowing? il ; in fact I have heard remarks inado which, willi persons not well nrcpiainti^d with the world, might have had n prejudicial cllect ngainst her. I allude to such remarks as are freqiiontly made respecting a young lady who resides apart from her relations, without any pro- tector, by pcrs 'Hfl who othorwiso may know nothinu against her. Charlks V KURT, Advocate. —l have known the Plaintiif for several years, from her chilil- hood up to the ])re»ent time, having been lor nevoral years the legal adviser of her mother. I had excellent opprorlunites of knowing lior character to be generally good. That, as far as I know, was the nsnutation slie enjoyed. Croita examined, — I have not followed the course of the young lady for the last two years. I have seen the young lady frequently, but she has been in the habit of going to difl'er- rent places. For several yerirs she ha.s been going backward and forward, between Mont- trealand Quebec, and several other places: so she inlormod me. Her mother re.-oU)iv hc\'\\v^ hor thiMO, nor uiii 1 awiirn wlioro h!u) Iuw jivml Bincit. A vniir iiHt-r, I loariil ihul mIio iioii r«)si(lc(l at Mr. Patton'w. Mr. Hoi/r di'siivd llio (Mcik to litivu ciillfd other porsonM who had Ihhmi Muhponiantl on buiialrorthe i'hiintiH, hut no uthi'i' vvitiiHShcM annwuring to thuir nntititt, hi; dm-lari.'d that \\v. wuuUl roMt the I'luintilPM cusu upon tiio uvi- (lonco aH it \va«. Hu du.iired to know I'rum iho Con it wholhtT it wai) the wiflh uf His Honor and of tho Jury that he should then prcH-iuMl with \\\n roply upon the wholo case. It \\a» then iato, nearly seven u'cUick, and if tliu indulgoncu could bo accorded, ho conciiivcd that h ) Hhoiiid bo able to perform liit* duty with more advan- tage to hiH cliunt uu the following morning than ut that late hour, whim, all ungagud in the trial, niUHt fuul Nome fatignu and bo anxioufl to get to thoir rosjuctivo hornus. His Honor titutud that it waH uitoguther u question of convenienoo to the Jury. Ho was willing to sit as long as thoy pleased ; but as it was 80 late, then, and the reply and his charge mifjlit take up some time, perhaps much would not bo gained by proceeding then. It was for tho Jury to say whether they were willing that tlio Court sliould ad- journ to tlie following morning or not. After some convorsatioii among the Jurors, aome being willing tu remain till midnight, luul others being of opinion that it was time to go home for the day, they stated to the Court that the majority was for adjourning. Whereupon the Court was adjourned till the following day. THIRD DAY. FwDAY, 2nd Dec, 1853. [Tho names of the Jurors having been call- ed over and answered to, tho trial is conti- nued.] Mr. Stuart stated that he hatl a right to address the Jury upon the evidence in rebnt- [ tal adduced by the PlaintifT, and proceeded to say, — That the Plaintiff had altogether I failed to establish her good character; that the tvitresses whom she had called had not had fair opportunities of forming a proper es- timate of hef character, and were persons who had not known her for any length of time. They had, moreover, spoken of her character ' at a period of time different from that laid in I the (leclaration, and she had wholly failed to I make out that at the time when the supposed I words were spoken, her character was good. lit resulted from her owa evidence that she liad bi'cn !''inH^kin'4 al»out from place to plurn witlwuil a,;y' stMlliMJ al'odi>, luid it wan OMtab- IIhIii'iI liy the evidence of Mr. Jiiiniis i'utton, that idiout tiiu very time the .>in|)poN('d rni.^ru- pre.Mfiit '''un.t wine made concerning her, nhu waf* living at Mrs. Fuucher'H,a low house on tliii Little Hiver road, and this was the perNOii will) now wi.lrcal — and Mr. Railton adds, that, to the best of his recollection, the word " whore" Avas used by Mr. (iiluK ur on the occasion, with reference to the Plaintiff. "Were thit. evidence of Mr. R.iiltou's un9U]>portc'(l in any way, the Plaintiff could not have e.K[)ccted to suecectl. Mr. Railton .spoke positively tiiou.gh, though it was only to the b-est of his rccolle(,'tion — there was no reason to believe that his memo- ry had at all failed him, or was cleiin gime, like i Mr. Hamilton's. In all great eases, strong feel- ' ings were excited, and parties ami witnesses | often went so far as to forget that they were un- ; der oath ; he did not mean to say that wilful and corrupt perjury h.id been actually committed in this case, but certai:dy they could not come <^o t>>o conclusion that Ju', Gilmour had not nltercd the words, unless they believed that Mr. R.iilton had been guilty of that crime. But the iiystem of law in force in this country required the evi- dence of more than one witness, in a ease of this kind ; not that there must be two witnesses pre- sent at the occurrence of the particular fact, but that the testimony of one witness should be cor- roborated or confirmed in some way by the tes- timony of another. The Plaintiff was not with- out such corroborative testimony ; the Jury had had it before them ; it had been procured with extreme difficulty, drawn from the very throats of un^willin" witnesses, men under the control, under the thumb of the Defendant, and, more- over, having a strong interest to aecomplisn the overthrow of the Plaintiff in this cause ; burning ■with an intense hatred toAvards her, resolved to work her destruction, if possible, and acknow- ledging no scruples of conscience, or any other bond than that of the conspiracy which they had formed with the Defendant. One of these wit- nesses was the coarse and treacherous libertine to whose passionate appeals she had listened in an evil hour; llie ->ther waL his father, Mr. Dun- can Patton, that worthy man, who had so identi- fied himself with the Defendant in this matter as to bunt up evi.lenec for him, and to furnish his Attorney -with a list of witnesses ; that fair-play- loving citizen, who thought that nobody was aware Low completely he was under the iniluence of the Defendant, or how transparent was the mask which be had put on. [DcKcAN Patton, (in a loud Toice)— It ia not true. It is not the cose, sir; I liaro notliing to % p^c« ,• but he (Mr. H.) had (to ask his learned Irieid who had pressed the point with all that ^gravity whiih he knew s > well how to assume, 'whether it was i\te place which protected a com- munication, and not rather the nature of the comninicntion itself? Did his learned friend pretend that the office of Messrs. Allan Gilmour & Co, was hernnetically seal. d, that it the source of tlander were there, the poisoned streani would never flow or circulate beyond the precincts of the counting room ? Could nuy one of that emi- nent film pour into tlic curs of each aud every of the clerks of the <>8trtblishment such scandal or slaudcr as he might see fit, and the iniured jiarty have no redress, because they were all considered confidential clerks, and the Avovds were Bjiokpn witiiin the office door, instead of in the passage outside, or upon the pavement in the street ? The distinction was a novel one, and nil thc'crodit of it was due to his learned friend. Tliey, the Jury, had probably decided in their own minds how they would have acted, if placed, with regard to one of their own clerks, in the same position i. which Mr. Gilmour stood in relation to Mr. Pat- ton and the Plaintiff. Mr. Railton bad observed, " If he likes the girl, let him marry her." Mr. Gilmour said, " it would never do ; she was a person of loose character, and had been kept Ly n gentleman in Montreal," aud Mr. Railton had no doubt that the word " whore" was also used. Where was the good motive here ? where the justifiable end? how was that ttatcmcnt connect- ed with the ordinary course of the lawful busi- ness of tlie office. Mr. H. considered it a waste of time, and almost an insult to their common sense, for him tj remark farther upon his learned friend's confidenti.d-communieation excuse, but he had dwelt upon it somewhat in consequence of the appearance of plausibility which it first presented, If Mr. Patton's absence frc the office and co-habiting with the Plaintiff, justified Mr. Gilmour in stating to third parties, or to Mr. Patton himself, tliat it woidd not do to marry her — and that she was a loose character — and that she had been kept in Montreal, then he (Mr, H.) was willing to confess himself most profoundly ignorant as to the law upon the subject, and as to what was meant by an excuse or justification. Still, he could not refrain from expressing to them his own humble opinion, that the speaking of the Words was, beyond all doubt, malicious, and did not flow from an honest and sincere desire, on the part of the Defendant, to execute a private duty, as was then pretended. The next point they had to consider was, whether, or not, the use of the slander concern- ing her by Mr. Gilmour had caused the loss of her marriage. A very brief reference to the letters which had been produced by the Plaintiff ■would shew what had been the ardor and inten- sity of Mr. Patton's affection for her. (Mr. Holt here read from the Utters those passages which had reference to an union between those two persons, and which shewed that Mr. Potton's passion was not unrequited.) They, (the Jury) could entertain no doubt that they were engaged to one another. Then came the question, what part had Mr. Gilmour in preventing the marriage ? To return, for a mumcat again, to Mr. Roiltou's testimony— he had suggested, in the eoDversatioa with the Defendant, tlie propriety and expedien- cy of James Patton's marrying her — but tne De- fendant said it would never do, for the reason so often rlready alluded to. Then James Patton himself had admitted that Mr. Gilmour had told him not to marry her, unless he had a strong affection for her, aud that " he would probably " have married her, had she not borne the nolo- " rious character that she did," (according to him.) Then where had Mr. James Patton got this " notorious character" of her, if not from tlie Defendant. Mr. James Patton had forpotten to explain that, and when he gave his evidence he had also forgotten, until reminded, that in his letters to the Plaintiff he had alluded to the in- terference of the Defendant in their affairs. Mr, H. begged to direct the attention of the Jury again to two or three of the many letters which had been read to them; and particularly to the letters marked C aud F. Letter C ran as fol- 'ows: "Dear Caroline — Serious circumstances •' prevent me going to see you until next Satur- " day or Sunday when I will fetch you some mo- " ney — I am now an outcast and disowned by my " owni family — I am residing at Begin's, Mr. O.* (by whom, the witness admitted, was meant Mr. John Gilmour, the Defendant,) "has offered nu " a fine salary and situation on certain conditions " vi'ith which you are connected. I will tell you all " on Sunday — don't attempt to come over here, Ca- " roline, if you really love me. Dear Caroline, " I am freting my oxistenco away — you are my " sole thought — remain where you are until you " see me — if possible write per' bearer, he is a " person in which I can place every confidence. " Ever your affect." " James." " April26thl868:" Letter F ran as follows : " Dear, dear Caroline— " You excuse me most wrongfully — I wmild " have met you according to promise but I was " out of Quebec. I was up for a raft at St Au- " gustin and only returned on Monday evening. " I again asked Mr. G. to let me have some " money and he said he would do to on the eondi- " tions you are already aware of." Why had the " fine salary and situation" been offered by Mr. Gilmour to Mr. Patton ? Was it to secure a con; I tinuation of the services of the latter and induce him to lead a more virtuous life for the future I Without doubt, the motive would then have been good — ^but WO" such a motive consistent with the advice given by Mr. Gilmour not to marry her f j Was it not rather much more likely that Mr. Gil- mour's end, if a proper one, would be more easily j attained by a recommendation to this reckless young man to marry this lady to whom he was so fondly attached and who had borne him a ohildl I Could it be doubted, then, that Mr. Gilmopr's influence and misrepresentation of the Plaintifi'sl character had prevented this marniagel Mr. I James Patton's now swearing td'tafttntotrary j would go for what it was worai>; 'Aj^K^h ins the first part of his testimony hV^^raStea that! he would have married the Plaintmfniit; for the! " notorious character" that she bolre, hehadTeryj ilight scruples afterwards in assigning another i reason wliich proved him to be equally regardless I of truth and destitute of feeling. " He rtfund to I *' marry her, because she consented to remain Ami S7 "paramour." Of nil tlie imiiudent anJ cruel faloehoodt) with which hia cviilcncc waa studded, this was the most gross oud piilnablc upon its face. Would unv muii in Court belie vo that a woman possossod of the g'^od qualities, luid of the porauual attractioua nud accompli shnicuts as- cribed to the Plaintiff by the numbers of respect- able witnesses who had been exatnined on her behalf, whose hand had been sought in marriage by him who afterwards betrayeil her, would jtrc- fer the unhappy state of a kept mistress to the honorable condition of a wife. If he had refused 10 marry her, there umst have been a demand on her part, and ho (Mr. H.) thought it would taku all tno ingenuity of his learned fri(;iid opposite to shew thiit Avhen a woman demanded the fulfil- ment of a promise of marriage she thereby expressed her consent to remain a mistress. But the logic of the defence had been pretty much the some throughout. The quostiou next in order, to be passed upon by the Jury, as settled by the Judges before the trial, wtis, at what time was the j'laiutiff first informed that the Defendimt hail published the said slanderous matter concerning her i As they had observed, the Plaintiff's Counsel had offered proof on this head, but his Honor had ruled, that as the words, if spoken, were proved to have been spoken within a year and a day of the bringing of^ the action, it became uunecessary for the I'laintiff to establish at what time she ob- i tained a knowledge of them. The next point which presented itself for tlie consideration of the Jury, was one very deeply interesting to the Plaintiff. They were required to find what was her general cliaracter at the time of the slander. Ho ^Mr. H.) did not think that upon this point the evidence was at all con flicting. It was true that tlie two Pattons and one or two others who were the jackals of that I lion, the Defendant, had endeavoured to paint her as a lewd and abandoned Avoman, but their malignity, was too evident, and defeated itself. They had had evidence before them, of ' 'gh- est oharocter, that, previously tu the unlucky dr.y I when she entered the Pattons' house, she Avas a [person who enjoyed the respect and esteem of I those who were intimately acquainted with her, I and at no time had any aspersions been cast up- lon her except such as were based upon her con- Inection with Mr. Pattou, Jr. The learned Couu- IBel for the Defendant had laboured much to show ; the mere fact of her having borne a child, not being married, was quite sufficient evidence that lier cliaracter was generally bad, but the learned 3ounsel had not been candid enough to refer at the bame time, to the fact that her hand had been fought in marriage by the witness James Patton, id that, in the hope that he would still perform ) promise, she had borne neglect and reproach ' n'S|«dce, until he basely deseited her, Stern aorality cbul^ not excuse the fall from virtue vhich hacf made her his victim, but he (Mr. H.) bad yet to learn that the woman who merely ' loved not wisely, but too well" must necessarily i what was commonly called a 'bad cli iracter." bey, the Jury, were not now to decide whether - was right or wrong in a woman to be seduced, but a far dlifcrcat question, viz ; whether or not at the time or times, when Mr. Oiimour roprc- sentod the Plaintifl as a jicrson of "loose charac- tlie" and as a woman who "had been kept inf**' Montreal," slio was in jioint of fact, a person ' * whoso character was "generally bad," Uiv on this point, the evidence in favor of the Plain- tiff was overwhelminsr. The circumstance of her liaviug visited Mr. Oisborne, at the Telegraph OfHce, and remaining alone with him in a room for some time, was a presumption of very little weight indeed, wlicn it was remembered that that gentleniiin was an acquaiutance of many years standing, of whose respect and esteem she was possesscii, who liad acted tlie jiart of a broth- er, and proved a fast friend, when those of the same blood as herself liad (leserted her. In an- other case then peiiiliug before the Court, Mr Qis- bornc's evidence as to her chaiaoter had been taken by commission in Prince Edvard Island ; that commission was now on its way to Quebec, •and ho (Air. 11.) much regretted th.at ho was not in a position to lay its contents before them. Ill (Mr. II.) tlieu came to the last point, — ^' i:it damages had the Plaintiff suffered, and at what sum would they assess them ? The dam- ages suffered by tlie Plaiutiff wore special, and tliey were general also. But for the Defendant, she inighi now have been an honored wife, her child legitimated, and her husband an industrious anil useful member of society. The one grave error would have lioeii repaired, and years of liappiuess might liave been in store for her. But what had been the consequence of the Defend- ant's act J Iler lover liad deserted her and cared not if with her child she perished in the streets. Her friends woulil not coiiio near her, there was hardly a soul with whom she could exchange the gooil othees of friendship, the peopled streets were a desert to her. This was no mere flourish in an advocate's speech striving to do the best for a client, but a sad truth to which he could testi- fy. She had n it been utterly ruined, but she would probably have been so, had she not m the hour of her distress, received the aid of one or two generous but unknown friends. That she had not been driven to the worst extremity by desj)!iir, did not palliate the guilt of th'' Defend- ant. He had done what he could. — With respect to the amount of damages, the Honorable Judge would tell them that in actons of this kind, juries acted altogether without control, providecl only that their verdict did not spring from passion, prejudice, or corruption. They would also be told that it was in their power to inflict damages for example's sake as well as by way of punishing, — tiiat the law blended togother the inte-est of so- ciety, and of the aggrieved individual, and that it was ps'opor that tiiey should take into account the eiicunistauces, rank and condition of the De- fendant, that his ability to pay, legitimately entercil into the estimate of compensatory dam- ages, becau.se a doUar Avas Avorth more to a poor man than ten times as much to a rich one, Un- less this rule Avore acted upon, there Avould bono protection against ihe poAverful and Avealthy, Avho might spend their money upon vicious caprices, and ])urcliise them as luxuries. Ho (Mr. H.) therefore trusted tiiat if they should judge Mr. Gilmour guilty, they would award to liic Plain- >>fi m ,'■;( tiff 80 lipavy a sum tlmt it Wdiild nonvinoo gvc.t ofFenilern that tlii>y ooiilil not sliuKler tluir noi!,'li- bours with imnuiiity. His learned iVieud hiid pormittod hiintu'lf to Bay tlmt this actidii was notliiii'; <'1:hi tliaii a .-(pc- ciimtion upon tho pursn i>t' Mr. Oilmniii". ll wn-i not -w-ithoiit Honio surprise tliMl, ]io Iiad lioaril so expericiicod a profcssicmal !,'i'iit!i'niaii rc.soit U> BO threadbare a dctViico. Had any nl' tli^'in (tho Jury) been ]iro.> pljiecd her fate in their hand,*; she li:'.w.-i: — nF..Nn.i-',;i:x, — You have given your attention witli great patieace tn this trial, imd all that now remain.! to be done, bel'ore you retire to tlelibe- rate upon the veidiet to bi' rendered, is that I should ]erfori.i tlio duty ■\\hieh the law has im- posed u[ion me of put'lmg you in possc-siou of tlie principles you, u['oii the facts of this case, without being rnjuired in any way to attach weiglit to any diii'ercnt opinion respecting them Vvhieh may be e.\'pie:;sed by lue. 'J'iie ])resent a<-lioii is for verbal slander, an action wiiicli in French should bo called — en dif- famatioii. -In cayacUrc. The Plaintilt' in her dcelaratiou accuses the Defendant of havijig stated that "she -was a vdiore," and that "she laid been kept by a gen- tleman in Montreal.' If this be true, she has suifcred a very great Avrong indeed at his hands. Now, ge:;'„le;iien, with respect to the proof, it is proper that I should tell you that our law re- quires two witnesses in actions of this kind, and indeed, in proof of all facts wdiich are not of a coimnereial nature. 1 do not mean to say that two witnesses to every particular matter of fact are necessary, but that the statement of one wit- nesp alone as to a fact is iiu.uflieieut, and that an action of this natui'e cannot succeed unless you iiiid that tlicie are two or more ■witnesses sup pen ting or eonfiiiningeach other in their testimo- ny concerning the fitets alleged. You will have to consider -whether Mr. Hail ton who has testified as to some of the words laid in the di- elaration, speaks viWh a sufficient degree of positiveness, and whether there is anything said by any of the other v.^itnesses which corroborates his testimony. I have to tell you, however, that it is not necessary th:it you should be satlsticd that the precise words are proved, the requirements of our law and juii.ipruderico are met, if the Plaintiff estab- lishes th,;t words or e;cpiessions, iu substimee or tO'ect the jcamc, have been used. It is your pro- viDM to woigh tho evideneo, nnd form your own eoDcluaion, aud I do not thiuk it necessary that I ghuuid express any opioiou wliatevor as to its woisfht or tendency. You will also have to decide whother the words have been spoken malioiously, or not. You have been told, very properly, tliat there are two kinds of malice — malice in law, and malice in fact ; and that mal- ice in law alone is suffiuiuut tu support the aotiua. This malice is presumed to exist, from the very speaking of the words ; but it may bo rebutted by tlio evidence that the words were spoken on gome lawful occasion, for a good cause, und" circumstances that amount to a legal exci* You will bear in mind all the facts and circuiu- atanocs attendant upon the speaking of the words, and you will have to consider whether or not, at the time, the Defenduut kept liimsolf witliin the limits of a fair and confidential communication — upon this point, also, your decision must be unin- fluenced by me, but I am sure that your intelli- gence will enable you to come to a proper deter- mination upon it. You will weigh well the whole facts, for it is strongly urged by tho Defen- dant, that the communication complained of, if made at all, was made in the performance of a firivate duty, and was strictly confidential. Here the Honorable Judge read from Greenleaf on Evidence the opinions of learned Judges in England, to the cifcot of establishing that the Jury should deal liberally towards a defendant having spoken words, which, though injurious to the character of a plaintiff, had been so spoken confidentially, and either in the discharge of a duty, or in the common course of business.] The damages whicii tho Plaintiff alleges she has suffered are special and general ; if you say that you are of opinion that by reason of tlie representations made by the Defendant concern- ing the Plaintiff, she lost her marriage with Mr. James Patton, who otherwise would have married her, you will allow her such damages as you may consider a fair compensation for the wrong — ^if you consider that it is not proved that that was the cause of tho breaking off the engagement between them, you will then have only to direct your attention to the question of general damages, for though the words may not have had the effect which she expressly alleges that they have had, it is urged on her behalf that they naturally have the effect of injuring her character and repu- tation in tho eyes of the community. These are also questions exclusively within your province ; — as to the question of prescription pleaded by the Defendant yon have already been told that the prescription established by the French Law, which •■: to be followed in this case, again''* ver- bal injuries does not run from the day that the injurious words have b'on spoken, but from tlie day that the uttero»''ci of these words has come to tho knowledge of the Plaintiff; that the De- fendant to avail himself of such a preset iptiou ought to have proved that there was more than a year that the Plaintiff was aware that the Defendant bad slandered her, when she brought her action. The Defendant has made no such proof ; you have, on the ccmtrnry, tho affirmation of the Plaintiff that it was not long before the date of the acliou that she was informed of the facta of which she complains ; she is, according to law, to be believed on lier afHrmation unless the contrary be established ; this has not been done in tho present case, ond therefore, the De- fendant not having proved his plea of prescrip- tion, you may dismiss it from your attention ns altogether immaterial to your determination. Tho only plea put in by the Defendant to tho merits of the action was a general denial which, under the practice in England and here, puts in issue not only the speaking of tho words and tho malice, but also tlie general character of the Plaintiff. This is not tho rule in tho United States, where it has been rejected on the groimd that it is unjust toward a plaintiff, to permit a defendant, who does not justify or plead the truth of the charges, to attack tho oliaraoter of the plaintiff and offer in evidence circumstanceg which liave a tendency to prove, under the general issue, what cannot be proved under such a, plea, viz. : the truth of tho words. Tho English rule that the general bad character of tho Plaintiff may be given in evidenco under tho general issue, in mitigation of damages, is based upon the pro- position that a man of already tarnished reputa- tion cannot have received much damage by the speaking of the slander. In this case tho Defen- dant has brought forward evidence, with a view of mitigating the danmges, to show that the Plaintiff's character was generally bad ; it is for you to decide whether his witnesses have proved this, or whether the witnesses called on her behalf establish the contrary. In considering the evi- dence which bears upon her charaeter, you are not at liberty to found your judgment upon any particular acts. It has been shewn to you that at an early ago she was deprived oi" that parental care, which, if continued longer, might have pro- tected her from many of the cares and trouolcs to which she lias been exposed, and that for many years she has been depenadnc upon tho exercise of her own talents for her support, and you liave been appealed to not to conaema too severely her faults which have arisen from her unprotected state and not from depravity or wickedness. What you have to do with is her general character, and it is your duty to find what it was at the time of the speaking and publishing of the alleged slander. Then with respect to the question of damages, you have been very properly told that offences of this nature are offences against society as well as against tho individual, and tliat damages are given to serve for exiunple as well as punish- ment — that juries act, in apportioning tho amount, without control by the Court, and that it is pro- per to take into consideration, tlie rank, ability, and circumstances of the Defendant, and also the position of the Plaintiff; if yo« are of opinion she has been wrongfully injured, you must grant her an indcinuity equal to her loss; for it is not because the Defendimt is proved to be rich that yon must grant to the Plaintiff more than she may have lost. The whole matter is now left in your hands ; from your respectability and intel- ligence I am convinced thac the decision to which you will come will be right and just. The Jury were asked if tb-^y vvished fo re- tiro, but 1 80 rli III .. V •■'.'. I If. *■' Mr. Stuart requeitod that tho notes of the evidenne should be read over to thenii which was accordingly ordered to be done by the Court. The evidence having been then read over, The Jury retired to deliberate upon their verdict ; and, in about an hour, informed the Court that they were agreed. Upon stating to the Court, through Mr. Geo. Hall, their Foreman, their finding upon the first question, it wa? remarked by the Court that tney had omitted to find the time and place, and they were informed that it was material that they should find " when " and '' where." They retired again, and in a quarter of an hour returned their verdict as follows :— The Clerk of the Court reading the questions — 1. Did the Defendant speak and publish of and concerning the Plaintiff the defamatory words set forth in the Plaintiff's declaration, or any and which of them, and at what time and place 7 Finding— These words,' or words to the same effect, were made use of by the Defen- dant of and concerning the Plaintiff at Quebec, between Christmas, 1852, and February, 1853, at the ofRoa of Measrs. Gilmour and Company. 2. Were the said words so spoken and pub- lished by the Defendant maliciously ? Finding — Yes. 8. Did the Plaintiff thereby lose her mar- riage, as alleged in the said ueolaration ? Finding — Yes. 4. At what time was the Plaintiff informed for the firs^. time that the Defendant had spoken and published the said words of and concerning her ? Finding — Wo cannot say. 6. What was the PlaintifTs general cha- racter at the time the said words are proved to have been uttered and published of and concerning the said Plaintiff by the Defen- dant? Finding — Generall3r good. 6. Hath the Plaintiff suffered damage by reason of such scandalous and defamatory words, and at what sam do you assess the said damages ? Finding— We award to the Plaintiff the sum of £600 currency, damages. And so say we all. (General applause.) The Jury were then discharged. t . r ■•', I ■■■■■'. !^-'.ii''- ' i .■ '. : ■■::■ fl7J :^ . • !■ I . f j ■ 11 i >' . i I- -<\. ■p- I" >n" Company, and pub- ? her mar- itioa ? informed dant had rds of and leral oha» re proved 3d of and he Defen- iamage by lefamatory ss the said aintiff the • • ififi':- %■;£■* /- /■